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(영문) 대구지방법원 상주지원 2017.09.26 2016고정168
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged [Status of the Parties] The defendant is the representative of D Co., Ltd. located in D at the time of literature, who employs four full-time workers and operates a waste treatment business.

[Criminal facts charged] . 2016 High Court No. 168

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total of KRW 13,300,000 for each wage of KRW 1.3 million until December 2015, 2015, and December 2015 through June 30, 2016, within 14 days from the date of retirement, without agreement between the parties on the extension of the payment deadline between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 1,931,416 of the retirement allowances of retired workers E within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned, as it takes charge of the separation and recycling of waste vinyl from June 1, 2015 to June 30, 2016.

prescribed in 2017, fixed 28

3. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the defendant at the above workplace from June 1, 2015 to June 30, 2016.

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